Places on working conditions, taking into account the innovations adopted in 2015, received some major changes. The employer must familiarize himself with all the provisions that are mandatory for a special assessment of jobs.

This is how the set of measures began to be called, which sums up the analysis of the working conditions of the personnel.

New in the certification of workplaces for working conditions in 2020

The purpose of the current procedure is to evaluate the existing ones.

You can deal with the innovations that relate to the conduct of a comprehensive analysis after reading Federal Law No. 426-ФЗ “On a Special Assessment of Working Conditions”.

The main changes concern:

1. Change methods. It requires a clear definition of performers and rules for assessing biological factors.
2. Administrative responsibility for untimely implementation of the procedure.

During 2015, at the legislative level, the issue of canceling a set of assessment activities for certain categories of small and medium-sized businesses was resolved. This provision did not find support from legislators, and in 2020 it will need to be carried out.

The exception will be companies that have operating results after holding the company until 2014.

By whom and when is certification carried out

A special commission is being created to conduct a comprehensive analysis of places of work.

The composition is formed from the following category of specialists:

1. Specialist of the enterprise engaged in the field of labor protection.
2. Representative of the employer, competent in topical issues of production.
3. Representatives of the trade union organization of the enterprise.
4. An authorized person of the certifying organization.

The involvement of a representative of the certifying company is a mandatory norm. Even if hazards and hazards that can be recorded on your own are identified, the results cannot be recognized as legal.

The attesting company undergoes mandatory accreditation, which confirms the possession of methods for performing the procedure in the prescribed manner.

Evaluation of workplaces has not changed and is 5 years. Previous companies are dated 2009 and 2014.

However, when creating new jobs, the law sets a period of 60 working days from the date of commencement of operation until the moment of a special analysis of this place.

In the event of improvements in working conditions at the workplace, the employer may conduct an extraordinary company to assess the place of work. According to the modified procedure, even if there are recognized results of the workplace assessment, if there is labor, a second procedure will be required.

Find out what a special assessment of working conditions is from the video.

The procedure for certification of workplaces in 2020, paperwork

To carry out control actions as part of a comprehensive assessment of jobs, it will be necessary to carry out some organizational measures:

1. Create a commission for certification.
   The document defines the composition of the governing board.
2. Schedule of the event.
   Deadlines for the implementation of actions are set on the basis of a separate document signed by the head.
3. Agreement with the certification organization.
   When concluding a contract, the main rule determines the independence of the employer and the invited organization.

A comprehensive examination of the place of work provides for an objective assessment of the state of working conditions. The tenant provides all primary documentation, provides unhindered access to each production site.

The established procedure for certification provides for successive stages of the procedure:

1. Jobs subject to a comprehensive assessment are determined, including on the basis of List No. 1 and List No. 2.
2. Active dangerous or harmful factors are highlighted.
   They are quantified or qualitative assessment, assessment of compliance with established standards.
3. The analysis of auxiliary factors is carried out - the provision of overalls and protective equipment for workers.
4. A final document is drawn up, which allows you to draw a conclusion about the working conditions, and, if necessary, determine the types of compensation or benefits.

The results of a comprehensive assessment for individual places are determined on the basis of the final document, which takes into account:

• • initial documents for the start of a set of activities;
  • list of jobs for research;

• objective information about the certifying organization;
• comprehensive assessment card for each workplace;
• consolidated documents for all workplaces, including a table by hazard classes, assigned types of compensation;
• final document of the meeting attestation commission, indicating comments and suggestions based on the results of the completed work;
• an approved action plan to improve working conditions for individual workplaces;
• conclusion based on the state expertise of the comprehensive assessment.

The results of the activities carried out are obligatory for the tenant to fulfill any form of ownership in a timely manner.

Penalties for not being certified

Amendments to the Administrative Code provide for two types of liability for non-compliance with the established Law on a comprehensive assessment of working conditions.

Untimely scheduled (or extraordinary) certification is punished, which provides for a fine of up to 30 thousand rubles, or the suspension of the company's activities for a period of 1 to 3 months.

In addition, punishment is provided for incorrectly conducted certification, where an official will be punished in the amount of 5 to 10 thousand rubles, and a legal entity - up to 80 thousand.

Responsibility for the maintenance of workplaces in an unsatisfactory condition is provided. An official is fined from 20 to 30 minimum wages, and for legal entity from 200 to 300 equivalent amounts.

It is in the interests of the employer to ensure the fulfillment of the established normative parameters for each harmful factor, with the exception of those places that are included in the mentioned Lists No. 1 and No. 2.

When determining measures for a qualitative change in working conditions, they are also implemented to work in full. After all, punishment for evading the implementation of measures can even lead to the suspension of activities for up to 3 years if they are re-fixed.

Who can not pass the certification of the workplace

There are few cases when a complex procedure for a comprehensive analysis of working conditions is not required. This mainly applies to small businesses.

In the case of employment in the work of only one person, when a contract of employment is not drawn up. Accordingly, there is no need to assess the workplace either.

However, when renting an office where there is at least one workplace, certification will be required.

When working in a company of remote workers, there is also no need to analyze their workplace. Here the number of employees does not play a role.

You can save a little on the performance of certification if there are several similar places with the same type of working conditions.

It is not necessary to inspect every workplace.

It is only important to take into account two limitations:

• the analysis is carried out for 20% of the available such places of work;
• the number of places for a comprehensive assessment cannot be less than two.

In order to prevent violations in determining the scope of work, you need to confirm their number in accordance with the staffing table for the enterprise.

Compliance with the established procedure and deadlines for conducting a comprehensive analysis of jobs will make it possible to establish legal types of compensation and benefits for all categories of workers, and develop measures to improve working conditions.

Payment of administrative punishment for untimely implementation of a set of measures often has a larger amount than the funds needed to improve working conditions.

You can learn more about the special assessment of working conditions from the video.

In contact with

Carrying out certification of workplaces according to working conditions allows the employer to determine how safely the activities of his employees are organized. At present, all employers, with the exception of individuals without the formation of an individual entrepreneur, should carry out this event.

Evaluation of working conditions and certification of workplaces

It should be noted right away that at present, such a concept as “workplace certification” is not used in legislative acts, it was replaced by “special assessment of working conditions” from 01/01/2014. But in everyday life, the phrase “worker certification” is still more often used places."

At their core, these two concepts are identical, and one and the other implies a special set of measures aimed at identifying harmful and dangerous factors in a particular workplace.

Currently current law about certification of workplaces is the federal law“On the special assessment of working conditions” dated December 28, 2013 No. 426-FZ (hereinafter referred to as the Law).

Certification of workplaces: validity period

The frequency of certification of workplaces is as follows:

• Scheduled special assessment once every 5 years.
• Unscheduled as needed.

Unscheduled certification of workplaces can be carried out in the following cases:

• the emergence of new jobs,
• an accident or occupational disease due to exposure to hazardous factors,
• changes in the technological process,
• order of the GIT inspectors or at the suggestion of the representative body of workers.

For such situations, Article 17 of the Law establishes a deadline of 6 to 12 months for an unscheduled special assessment, depending on the reason that caused it.

Another question that arises for employers who, prior to the entry into force of the Law, had attestation of workplaces: for how many years is such an inspection valid, is it necessary to conduct a special assessment instead? The law states that if there are no prerequisites for an unscheduled assessment, the attestation will be valid for 5 years. That is, if enterprises conducted it before the end of 2013, they need to conduct a special assessment for the first time only in 2018.

Certification of workplaces: who conducts

According to Article 8 of the Law, a special assessment of jobs is organized by the employer with the participation of a company that has the right to carry out such work.

The organization involved has a number of requirements:

• The list of activities must contain the OKPD code for attestation of workplaces: 71.20.19.130 (according to the classifier OK 034-2014).

• The company must employ at least 5 certified experts.
• The structure of the company should include a special accredited laboratory for measurements and samples.

In order to be sure that the company entrusted with the inspection meets the stated requirements, you need to check its presence in a special list, which is located on the ]]> website of the Ministry of Labor ]]> .

How to conduct a workplace assessment yourself

Currently, employers are not entitled to carry out certification of workplaces without the involvement of employees of a company that has the appropriate license. Otherwise, the results of such a special assessment will not be valid.

How is workplace certification carried out?

The procedure for attestation of workplaces in terms of working conditions involves the following activities:

• Issuance of an order for certification, in which a commission and deadlines are appointed.
• A list of jobs subject to special assessment is determined. Here it is necessary to take into account the frequency of certification of workplaces. Only those places are checked, the period of the previous evaluation of which expires.
• Direct work is carried out to study the documentation, measurements and sampling.
• A report is drawn up, which includes an attestation card and a summary sheet. All the activities carried out are entered into them and a conclusion is made about the safety of the workplace with the assignment of a certain class.

The results of the special assessment should be made known to interested employees.

Workplace attestation card for working conditions

This is a consolidated document in which all information about the workplace being checked is entered, and indicate the level (degree) of exposure to certain factors, for example, the level of APFD (in the certification of workplaces, this abbreviation combines all aerosol substances that may be in the air).

Penalty for the lack of certification of workplaces in 2018

If the employer evades the special assessment or violates its procedure, an administrative penalty is imposed on him. The penalty for the lack of attestation of workplaces is charged under paragraph 2 of Article 5.27.1 of the Code of Administrative Offenses of the Russian Federation and amounts to:

• 5000 - 10,000 rubles. for officials and entrepreneurs.
• 60,000 - 80,000 rubles. for organizations.

At the same time, the payment of a fine does not relieve the perpetrator of certification.

How to pay for certification and return part of the funds spent on it

As a rule, the question of cost accounting arises for budgetary organizations that pay for the certification of workplaces. KOSGU (Classification of Public Sector Operations) in this case refers to Article 220 “Payment for works, services” (Order of the Ministry of Finance dated July 1, 2013 No. 65n).

Another question is how can certification of workplaces be partially compensated? The FSS allows you to pay for it from contributions for "injuries". To do this, you need to submit the appropriate package of documents to the Fund. You can receive funds both for the work already done and for the planned one. The main condition is the absence of debts on insurance premiums.

Certification of workplaces in terms of working conditions includes a set of procedures, measurements and calculations that make it possible to determine how safe a particular workplace is. This procedure should be carried out by all employers with a certain frequency. What are the deadlines for certification of workplaces regulated by Law No. 426-FZ (On conducting a special assessment) . Its types are divided into planned and unscheduled.

HR SOLUTIONS

OCCUPATIONAL SAFETY AND HEALTH

CERTIFICATION OF WORKPLACES BY WORKING CONDITIONS

• General provisions on certification of workplaces for working conditions
• Certifying organization
• Certifying commission
• Certification of workplaces according to working conditions
• Registration of the results of certification of workplaces according to working conditions

GENERAL PROVISIONS ON WORKPLACES CERTIFICATION

ON WORKING CONDITIONS

1. Deadlines for certification of workplaces in terms of working conditions

2. Order on holding jobs according to working conditions

The Constitution of the Russian Federation establishes the right of every employee to work in conditions that meet the requirements of safety and hygiene (clause 3, article 37).

Labor legislation obligations to ensure safe conditions and labor protection are assigned to the employer (part 1 of article 212 of the Labor Code of the Russian Federation). In particular, he is obliged to carry out certification of workplaces for working conditions with subsequent certification (part 2 of article 212 of the Labor Code of the Russian Federation).

Certification of workplaces for working conditions (hereinafter referred to as certification) is an assessment of working conditions at workplaces in order to identify harmful and (or) dangerous production factors and bring working conditions in line with state regulatory requirements (part 12 of article 209).

Certification is carried out in the manner prescribed by the federal body executive power that performs the functions of developing public policy and legal regulation in the sphere of labor (part 12 of article 209 of the Labor Code of the Russian Federation). These functions are assigned to the Ministry of Health and Social Development of Russia in accordance with paragraph 1 of the Regulations on the Ministry of Health and social development Russian Federation (approved by Decree of the Government of the Russian Federation of June 30, 2004 N 321).

The requirements for the certification, execution and use of its results are established by the Procedure for the certification of workplaces in terms of working conditions (approved by Order of the Ministry of Health and Social Development of Russia dated April 26, 2011 N 342n, hereinafter referred to as the Certification Procedure). The requirements of this Procedure apply to employers - legal entities and individuals (with the exception of employers - individuals who are not individual entrepreneurs), as well as organizations providing services for the certification of workplaces (hereinafter referred to as the certifying organization), regardless of their organizational and legal forms and forms of ownership (clause 1 of the Certification Procedure).

1. TERMS OF CERTIFICATION OF WORKPLACES ON WORKING CONDITIONS

Depending on the timing of the event, it can be either regular or unscheduled.

Datesnext attestationClause 8 of the Certification Procedure is established - at least once every five years. The five-year period is counted from the date of completion of the previous certification, namely from the date the employer signs the order to complete the certification and approve the certification report (clause 44 of the Procedure for conducting certification). The start date of the next certification is the date of issuance of the employer's order on the approval of the composition and schedule of certification.

It should be noted that the results of certification of workplaces in terms of working conditions, carried out in accordance with the Order of the Ministry of Health and Social Development of Russia dated August 31, 2007 N 569, are valid until the next certification. This is established by clause 3 of the Order of the Ministry of Health and Social Development of Russia dated April 26, 2011 N 342n “On Approval of the Procedure for Certification of Workplaces for Working Conditions”.

Unscheduled certificationis carried out in the following cases (clauses 47, 48 of the Certification Procedure):

- upon commissioning of newly organized workplaces (according to clause 8 of the Certification Procedure no later than 60 working days after commissioning);

- based on the results of the state examination of working conditions, conducted in order to assess the quality of certification;

— when taking measures to bring working conditions in line with state regulatory requirements for labor protection, as well as to improve working conditions;

- when replacing production equipment;

- when it changes technological process;

- when changing the means of collective protection.

2. ORDER ON CERTIFICATION OF WORKPLACES ON WORKING CONDITIONS

To organize and conduct certification, the employer must issue an order (clause 11 of the Procedure for conducting certification). The legislation does not establish a unified form of an order for certification, therefore it is drawn up in an arbitrary form.

The order must include the following information:

- on the composition of the attestation commission (for more details, see clause 1 "Composition of the attestation commission" of this material);

- about the chairman of the attestation commission, which must be a representative of the employer (clause 10 of the Procedure for attestation);

- about the period of certification.

In addition, in any form, a schedule for the certification work must be drawn up and either included in the text of the order, or added as an annex to the order.

It is necessary to familiarize all members of the certification commission, as well as other persons specified in the order, with the order for certification.

CERTIFICATION ORGANIZATION

Clause 6 of the Certification Procedure provides that certification is carried out jointly by the employer and the certification organization on the basis of a civil law contract. An employer can conclude an agreement for the performance of certification work with several certification organizations. In this case, certification work can be distributed among certification organizations both by the number of workplaces subject to certification, and by the types of work performed at these places.

An attesting organization is a legal entity that provides attestation services and performs:

— measuring and evaluating the factors of the working environment and the labor process;

– assessment of the compliance of working conditions with state regulatory requirements labor protection;

- design and preparation of the certification report.

The accrediting organization must meet the following conditions:

– accredited in the manner prescribed by the Order of the Ministry of Health and Social Development of Russia dated April 1, 2010 N 205n “On Approval of the List of Occupational Safety and Health Services Requiring Accreditation, and the Rules for the Accreditation of Organizations Providing Occupational Safety and Health Services”;

- is an independent person in relation to the employer, at whose workplaces it conducts certification. The Certification Procedure does not specify what is meant by the independence of the certification organization. In this case, you can be guided by the norms of Art. 4 of the Law of the RSFSR of March 22, 1991 N 948-1 “On Competition and Restriction of Monopolistic Activities in Commodity Markets”, which states that affiliates are individuals and legal entities capable of influencing the activities of other legal entities and (or) individuals, implementing entrepreneurial activity. Thus, the independence of the certification organization implies its non-affiliation with respect to the employer, at whose workplace certification is carried out.

The rights and obligations of the attesting organization and the employer during the attestation are established by clause 7 of the Procedure for attestation.

Approving organization:

- determines the methods for carrying out measurements and assessments on the basis of the current regulatory legal acts and the Procedure for attestation, as well as the quantitative and personal composition of specialists conducting measurements and assessments;

– examines in full the documentation related to the organization of work to ensure the requirements of labor protection at the employer, at whose workplace certification is carried out;

- requests and receives from the employer (his representative) clarifications on issues that have arisen during the certification;

- provides, at the request of the employer, substantiation of the conclusions made by the certification organization based on the results of certification;

- transfers on electronic media to the federal system for collecting, processing and storing data summary sheet results of attestation of workplaces in terms of working conditions and information about the attesting organization (clause 46 of the Procedure for attestation).

The attesting organization may refuse to conduct attestation if the employer fails to provide necessary documentation or the refusal of the employer to provide the conditions required by regulatory documentation for measurements and assessments.

Employer:

— has the right to demand from the attesting organization documentary confirmation of accreditation for the right to provide services for attestation of workplaces. The certifying organization must provide a notification (copy of the notification) of its inclusion in the register of organizations providing services in the field of labor protection;

— has the right to require the certifying organization to carry out measurements and assessments in accordance with the current regulatory legal acts;

- must provide necessary information and documentation, to give, at the request of the certification organization, explanations in oral and written form on issues related to the purposes of certification, and also to request information necessary for certification from third parties;

- is obliged not to take actions aimed at narrowing the range of issues to be analyzed and assessed during certification, as well as at hiding (restricting access) to information and documentation on issues related to the goals of certification requested by the certification organization;

— is obliged not to approve the attestation report that is not signed by representatives of the attesting organization that are members of the attestation commission.

CERTIFYING COMMISSION

1. Composition of the attestation commission

2. Functions of the attestation commission

1. COMPOSITION OF THE CERTIFICATION COMMISSION

The composition of the certification commission is established by clause 10 of the Procedure for conducting certification and depends on which category of business entities the organization in which certification is planned belongs to.

If attestation is carried out in organizations classified as microenterprises and small businesses (subparagraph “a”, paragraph 2, part 1, article 4 of the Federal Law of July 24, 2007 N 209-ФЗ “On the development of small and medium-sized businesses in Russian Federation”), then the composition of the attestation commission includes:

- the employer (his representative). As representatives of the employer, the attestation commission may include heads of structural divisions of the organization, lawyers, personnel specialists, labor and wages, the main specialists of the organization, medical workers and other employees;

- representatives of the certifying organization (for more details, see the section "Certifying organization" of this material);

- representatives of the elected body of the primary trade union organization or other representative body of workers (if any);

- representatives of the organization or specialists engaged by the employer under a civil law contract to carry out the functions of the labor protection service (labor protection specialist).

In all other organizations, the attestation commission includes:

- representatives of the employer;

- labor protection specialist;

- representatives of the elected body of the primary trade union organization or other representative body of workers;

— representatives of the certifying organization (for more details, see the section "Certifying organization" of this material).

2. FUNCTIONS OF THE CERTIFICATION COMMISSION

The functions of the attestation commission are defined in clause 12 of the Attestation Procedure.

Certifying commission:

— carries out management and control over the certification at all its stages;

– forms a set of regulatory legal and local regulations, organizational, administrative and methodological documents necessary for attestation, and organizes their study;

- draws up a list of workplaces subject to certification, identifies similar workplaces and indicates the factors of the working environment and the labor process, the risk of injury and the provision of the employee with special clothing, special footwear and other personal protective equipment (hereinafter referred to as PPE) (for more details, see paragraph 1 “Compilation of a list of jobs subject to certification for working conditions” and clause 1.1 “Similar jobs” of this material);

— prepares proposals to bring the names of professions and positions of employees in line with the requirements of the Unified Tariff qualification handbook works and professions of workers and the Unified Qualification Directory for the positions of managers, specialists and employees (approved by Decree of the Government of the Russian Federation of October 31, 2002 N 787);

- assigns a number to each workplace (for more details, see paragraph 1 "Compilation of a list of workplaces subject to certification for working conditions" and paragraph 1.1 "Similar workplaces" of this material);

- fills in and signs the workplace attestation cards for working conditions (a sample card and recommendations for filling it out are given in Appendices No. 2 and No. 3 of the Certification Procedure);

— prepares proposals (if necessary) on making changes and (or) additions to employment contract in terms of the obligation of the employer to provide the employee with PPE, establish an appropriate work and rest regime, as well as other established by law guarantees and compensations for work with harmful and (or) dangerous working conditions;

— based on the results of certification, develops an action plan to bring working conditions in line with state regulatory requirements for labor protection.

CONDUCT OF CERTIFICATION OF WORKPLACES ON WORKING CONDITIONS

1. Drawing up a list of jobs subject to certification for working conditions

2. Assessment of compliance of working conditions with hygienic standards

3. Assessment of the injury risk of workplaces

4. Assessment of the provision of workers with special clothing, special footwear and other personal protective equipment

5. Comprehensive assessment of the state of working conditions at the workplace

1. DEVELOPING A LIST OF JOBS SUBJECT TO CERTIFICATION ON WORKING CONDITIONS

The obligation to compile a list of jobs is assigned to the certification commission (clause 12 of the Certification Procedure). A sample list of jobs and the rules for filling it out are given in Appendix N 1 of the Certification Procedure.

According to part 6 of Art. 209 of the Labor Code of the Russian Federation, a worker is a place where an employee must be or where he needs to arrive in connection with his work and which is directly or indirectly under the control of the employer.

To compile a list of jobs, the following documents are required:

— staffing;

- a list of employees with an indication of the profession (position) and structural units.

The names of professions (positions) in the list of jobs must correspond to their names in the staff list. Each workplace is assigned a unique serial number from 1 to 99 999 999.

See an example of filling out the list.

1.1. Similar jobs

When compiling a list from the total mass of jobs, it is necessary to single out similar jobs that are characterized by a combination of the following features (clause 12 of the Certification Procedure):

- professions or positions of the same name;

– performance of the same professional duties while maintaining the same type of technological process in the same mode of operation;

- the use of the same type of production equipment, tools, fixtures, materials and raw materials;

– work in one or more similar premises or in the open air;

- use of the same type of ventilation, air conditioning, heating and lighting systems;

— the same location of objects (production equipment, vehicles etc.) at the workplace;

- the same set of harmful and (or) hazardous production factors of the same class and degree;

— the same provision of personal protective equipment.

At similar workplaces, the assessment of harmful and (or) hazardous production factors is carried out on the basis of data obtained during the certification of 20% of such places from the total number of workplaces (but not less than two). If at least one job that does not meet the criteria of similarity is identified, 100% of these jobs are evaluated. After the assessment, a new list of jobs is determined, taking into account the results of measurements and assessments (clause 40 of the Certification Procedure).

When assigning a serial number, similar jobs are designated by the letter "a".

Important! For all similar jobs of the same name, one certification card is drawn up - for the first job from the list of similar ones (clause 2 of Appendix No. 3 to the Certification Procedure).

situation from practice. There are seven accountants in the organization - they all do the same job, work in the same room, for computers with LCD monitors. One of the accountants has additional coverage. Are accounting jobs similar?

According to paragraph 12 of the Certification Procedure, in order to recognize workplaces as similar, a combination of several signs is required, one of which is the use of the same type of lighting systems. In this situation, one of the accountants uses an additional light source. Therefore, the workplace of this accountant in the list of workplaces must have its own unique serial number.

The jobs of other accountants can presumably be considered similar until measurements are taken of 20% of such jobs, as provided for in clause 40 of the Certification Procedure. In this case, measurements should be carried out at 2 workplaces (20% of workplaces are 1.2, while measurements are provided for at least 2 workplaces).

2. ASSESSMENT OF CONFORMITY OF WORKING CONDITIONS WITH HYGIENIC STANDARDS

After compiling a list of jobs, the specialists of the certification organization assess the compliance of working conditions with hygienic standards. The procedure for conducting the assessment is established by paragraphs 14 - 19 of the Procedure for conducting attestation.

The assessment is carried out by means of instrumental measurements during the implementation of regular production (technological) processes and (or) regular activities of the organization. Physical (noise, vibration, etc.), chemical ( harmful substances), biological factors (microorganisms, etc.), the severity and intensity of the labor process (physical and dynamic and intellectual load, body slopes, etc.).

When carrying out instrumental measurements, it is necessary to use only those measuring instruments that have been verified within the established time limits (clause 16 of the Certification Procedure).

The methodology for measuring the levels of factors of the working environment and the labor process is carried out in accordance with Guideline R 2.2.2006-05 “Guidelines for the hygienic assessment of factors of the working environment and the labor process. Criteria and classification of working conditions” (approved by Rospotrebnadzor on July 29, 2005).

Measurements and assessments are drawn up in a protocol, which is drawn up in accordance with the rules provided for in clause 18 of the Certification Procedure, and is an integral part of the workplace certification card for working conditions. For each factor (group of factors) to be assessed, a separate protocol is drawn up.

The protocol is signed by the specialists of the certifying organization who carried out the measurements and assessments, as well as by the responsible official of this organization, and is certified with a seal (clause 18 of the Certification Procedure).

3. ASSESSMENT OF INJURY HAZARD OF WORKPLACES

The assessment of injury risk is carried out by specialists of the certification organization and is carried out according to the rules established by clauses 20 - 28 of the Certification Procedure.

The injury hazard of workplaces is assessed by the compliance of certain objects with labor protection requirements, failure to comply with which can lead to injury to workers, including:

— requirements for protection against mechanical impacts;

— requirements for protection against exposure electric current;

- requirements for protection against exposure to elevated or low temperatures;

— requirements for protection against toxic effects of chemicals.

The objects of injury risk assessment are production equipment, fixtures and tools used in the implementation of technological processes, the compliance of employee training on labor protection with the established requirements (clause 21 of the Certification Procedure).

To assess the injury risk of production equipment, the following steps should be taken:

- checking the availability and compliance with regulatory requirements of documents, means of protecting workers, etc., provided for in clause 23 of the Procedure for attestation;

- analysis technical documentation containing safety requirements for the performance of work;

– external inspection of production equipment in the course of regular work for compliance of its condition with the requirements of the current regulatory legal acts on labor protection;

- checking the availability of certificates or declarations of compliance with safety requirements (if necessary).

To assess the injury risk of tools and devices, it is necessary to carry out the following measures:

- external inspection of tools and devices;

– checking the compliance of the condition of tools and devices with the requirements of regulatory legal acts on labor protection;

- checking the availability of certificates or declarations of compliance with safety requirements (if necessary).

When assessing the compliance of employees' training on labor protection with the established requirements, the following documents should be checked:

— safety and labor protection instructions;

- documents confirming the completion of the necessary training.

According to clause 28 of the Certification Procedure, three classes of injury hazard of working conditions are distinguished:

— 1st class of injury hazard — optimal (not a single non-compliance with labor protection requirements has been identified; work related to the repair of production equipment, buildings and structures, high-risk work and other work requiring special training in labor protection, or there is no production equipment and tools );

— 2nd class of injury risk — acceptable (not a single non-compliance with labor protection requirements has been identified; work is being carried out related to the repair of production equipment, buildings and structures, high-risk work and other work requiring special training in labor protection; production equipment with an exceeded service life is being operated (depleted resource), however, this is not prohibited by special safety requirements; damage and (or) malfunctions of protective equipment have been identified that do not reduce their protective functions);

– 3rd class of injury hazard – dangerous (one or more non-compliance with labor protection requirements was detected).

The results of the injury risk assessment of the workplace are documented in a protocol (Appendix N 4 to the Certification Procedure), taking into account the features provided for drawing up a protocol when assessing the injury risk of workplaces where facilities are located controlled by federal executive authorities authorized to conduct state supervision and control in the established field of activity.

The protocol is signed by the specialists of the certifying organization who carried out the measurements and assessments, as well as by the responsible official of this organization, and is certified by a seal (clause 27 of the Certification Procedure).

The results of the assessment of the injury risk of the workplace, indicating the class of injury risk, are entered into the certification card of the workplace for working conditions.

4. ASSESSMENT OF PROVISION OF WORKERS WITH SPECIAL CLOTHING, SPECIAL SHOES AND OTHER PERSONAL PROTECTION MEANS

The obligation to provide employees with special clothing, special footwear and other PPE is assigned to the employer.

PPE is considered to be means of personal use used to prevent or reduce exposure of workers to harmful and (or) hazardous production factors, as well as to protect against pollution. Such a definition is given in clause 3 of the Intersectoral Rules for Providing Workers with Special Clothing, Special Footwear and Other Personal Protective Equipment (approved by Order of the Ministry of Health and Social Development of Russia dated 01.06.2009 N 290n).

The acquisition and issuance of PPE to employees is carried out by the employer at the expense of own funds(part 2 of article 212 of the Labor Code of the Russian Federation, part 3 of article 221 of the Labor Code of the Russian Federation).

The assessment of the provision of workers with PPE is carried out after assessing the compliance of working conditions with hygienic standards and assessing the injury risk of the workplace according to the rules established by paragraphs 29 - 35 of the Certification Procedure.

The provision of employees with PPE is assessed through the consistent implementation of the following procedures (clause 31 of the Certification Procedure):

— comparison of the range of actually issued PPE with the corresponding standard norms for the free issue of PPE to employees. Standard norms for the free issuance of PPE to employees are established by various regulations, depending on the types of economic activity;

- checking the availability of certificates (declarations) of compliance with PPE issued to employees;

— verification of the procedure for providing workers with PPE, established by the Intersectoral Rules for Providing Workers with Special Clothing, Special Footwear and Other Personal Protective Equipment (approved by Order of the Ministry of Health and Social Development of Russia dated 01.06.2009 N 290n);

- assessment of the compliance of the issued PPE with the actual state of working conditions at the workplace;

- checking the effectiveness of the PPE issued to the employee (if necessary) (clause 33 of the Certification Procedure).

The results of the assessment of the provision of PPE workers at the workplace are documented in a protocol (Appendix N 5 to the Certification Procedure).

Important! The protocol is not drawn up if the issuance of PPE is not provided for by the standard norms for the free issue of PPE to employees and is not required due to the actual state of working conditions (clause 32 of the Certification Procedure).

The protocol is signed by the specialists of the certifying organization who carried out the measurements and assessments, as well as by the responsible official of this organization, and is certified by a seal (clause 35 of the Certification Procedure).

See an example of filling out the protocol.

The results of the assessment of the provision of PPE employees are entered into the workplace attestation card for working conditions.

See sample card filling.

situation from practice. Is the workplace correctly recognized as inappropriate for the provision of PPE workers due to the fact that the issued workwear has a marking according to which it is designed for use at temperatures up to +25 ° C, and at the assessed workplace the temperature is +25.5 ° C?

One of the procedures for assessing the availability of PPE for employees is the assessment of the compliance of the issued PPE with the actual state of working conditions (clause 31 of the Certification Procedure). The workplace is considered to meet the requirements for the provision of PPE to employees only if the requirements of the Certification Procedure are met. In the event of one or more discrepancies, the workplace is considered not to meet the requirements for the provision of workers with PPE (clause 34 of the Certification Procedure).

In this case, the overalls issued to the employee do not correspond to the actual state of working conditions at the workplace (+25.5 °С instead of +25 °С provided for), and therefore the recognition of the workplace as not meeting the requirements for providing employees with PPE is correct.

5. COMPREHENSIVE ASSESSMENT OF WORKING CONDITIONS AT THE WORKPLACE

The procedure for assessing working conditions is being completed comprehensive assessment the state of working conditions at the workplace, which includes the results of the following assessments (clause 36 of the Certification Procedure):

— class (subclass) of working conditions, established based on the results of assessing the compliance of working conditions with hygienic standards;

- class of working conditions for injury risk;

— provision of workers with PPE.

The workplace is recognized as certified with a comprehensive assessment of working conditions “complies with state regulatory requirements for labor protection”, if the compliance of working conditions at the workplace with hygienic standards, the compliance of the workplace with the requirements for the provision of workers with PPE and when assessing the injury risk of the workplace, no non-compliance with labor protection requirements was found (p 37 of the Certification Procedure).

The workplace is recognized as certified with a comprehensive assessment of working conditions “does not comply with state regulatory requirements for labor protection” if working conditions do not comply with hygienic standards, and (or) when assessing the injury risk of the workplace, non-compliance of the workplace with labor protection requirements, and (or) non-compliance with the requirements for the provision of workers is detected PPE (clause 38 of the Certification Procedure).

When classifying working conditions at the workplace as dangerous, the employer must immediately develop and implement a set of measures aimed at reducing the level of exposure to hazardous factors in the working environment and the labor process or at reducing the time of their exposure (clause 39 of the Certification Procedure).

The results of a comprehensive assessment of the state of working conditions at the workplace are entered into the workplace attestation card for working conditions in line 070.

REGISTRATION OF THE RESULTS OF THE WORKPLACE CERTIFICATION

ON WORKING CONDITIONS

1. Drawing up a report on the certification of workplaces in terms of working conditions

2. Obligations of the employer upon completion of the certification of workplaces for working conditions

1. PREPARATION OF A REPORT ON CERTIFICATION OF JOBS ON WORKING CONDITIONS

Based on the results of the certification, the certification commission draws up a certification report, to which the following documents are attached (clause 44 of the certification procedure):

- an order to create an attestation commission and approve the schedule for the attestation work (for more details, see clause 2 "Order on the certification of workplaces for working conditions" of this material);

- a list of jobs subject to certification (for more details, see paragraph 1 "Compiling a list of jobs subject to certification for working conditions" of this material);

- job attestation cards with protocols of measurements and assessments (for more details, see clause 2 "Functions of the attestation commission" of this material);

- a summary sheet of the results of attestation of workplaces (Appendix N 6 to the Procedure for attestation);

- a summary table of classes of working conditions established based on the results of certification, and compensation that must be established for employees (Appendix N 7 to the Procedure for conducting certification);

- an action plan for the improvement and improvement of working conditions (Appendix N 8 to the Certification Procedure), which is signed by the chairman of the certification commission and, after agreement with the labor protection committee (commission), trade union or other representative body authorized by employees, is submitted to the employer for approval;

- the final protocol of the meeting of the attestation commission based on the results of attestation of workplaces in terms of working conditions (Appendix N 9 to the Procedure for attestation);

- information about the certifying organization (Appendix N 10 to the Certification Procedure) with a copy of the documents for the right to conduct measurements and assessments (accreditation certificate with an appendix establishing the scope of accreditation of the testing laboratory; copies of the notice of inclusion in the register of accredited organizations providing certification services) ;

– minutes of meetings of the attestation commission;

– conclusion based on the results of the state examination of working conditions (if any);

- an order of officials on the identified violations of the Procedure (if any).

The attestation commission considers the attestation report within ten calendar days from the date of its receipt, signs the final minutes of the meeting of the attestation commission based on the results of attestation of workplaces in terms of working conditions and transfers it along with the attestation report to the employer (his representative).

2. OBLIGATIONS OF THE EMPLOYER WHEN COMPLETING THE CERTIFICATION OF WORKPLACES FOR WORKING CONDITIONS

2.1. Signing an order to complete the certification of workplaces for working conditions and approval of the certification report

The certification procedure ends with the employer signing an order to complete the certification and approve the certification report (clause 44 of the Certification Procedure). The signing of the order to complete the certification and the approval of the certification report is carried out by the employer within ten working days from the date of receipt of the final protocol of the meeting of the certification commission based on the results of certification of workplaces for working conditions.

It is necessary to familiarize all members of the certification commission, as well as other persons specified in the order, with the order to complete the certification.

The legislation does not establish a unified form of the order to complete the attestation, therefore it is drawn up in an arbitrary form.

See an example of filling out an order.

2.2. Familiarization of the employee with the results of certification of his workplace

Within ten working days from the date of receipt of the final protocol of the meeting of the certification commission based on the results of certification of workplaces for working conditions, the employer must familiarize the employee against signature with the results of certification of his workplace in the certification card (clause 44 of the Certification Procedure).

2.3. Interaction with the state labor inspectorate based on the results of certification of workplaces for working conditions

The interaction of the employer with the state labor inspectorate (hereinafter referred to as the GIT) is carried out in accordance with the Order of Rostrud of August 31, 2011 N 193 “On the organization of work on the implementation of clause 45 of the Procedure for attesting workplaces for working conditions, approved by the Order of the Ministry of Health and Social Development of the Russian Federation of April 26 2011 N 342n.

Within ten calendar days from the date of issuance of the order to complete the attestation of workplaces and the approval of the attestation report, the employer must send the following documents to the GIT:

- a summary sheet of the results of attestation of workplaces in terms of working conditions;

- information about the certifying organization (for more details, see paragraph 1 "Compilation of a report on the certification of workplaces for working conditions" of this material);

— covering letter on the letterhead of the employer.

These documents must be submitted on paper and in in electronic format(clause 45 of the Certification Procedure).

Documents received from the employer are registered by the GIT in the register of receipt of materials based on the results of attestation of workplaces for working conditions.

When the employer submits incorrectly executed documents or an incomplete package of them, the GIT informs him of this with an indication specific date to eliminate deficiencies.

The information contained in the documents is entered by the State Inspectorate into the register of information on the results of attestation of workplaces in terms of working conditions in business entities.

After that, the GIT analyzes these documents.

The results of the analysis can be used by the GIT:

- to make decisions on the suspension of the activities of organizations, their branches, representative offices, structural divisions, production equipment, sites;

- to make decisions on the temporary suspension of the operation of buildings or structures, machinery and equipment, certain types activities due to a threat to the life or health of employees;

— to present requirements for ensuring safe working conditions;

— to evaluate the performance of certifying organizations.

Important! If, after December 1, 2010, certification of workplaces in terms of working conditions was carried out by an organization that did not pass mandatory accreditation in the prescribed manner, the State Customs Inspectorate is obliged to present an order to the employer requiring re-certification in accordance with the established procedure.

The documents submitted by employers based on the results of the certification of workplaces are stored in the GIT.

Based on the results of the analysis of materials for attestation of workplaces, the State Inspectorate can conduct scheduled and unscheduled inspections of compliance by employers established order carrying out the specified certification.

Scheduled inspections are carried out in accordance with annual plans for their implementation, agreed with the prosecution authorities and approved by the head of the State Inspectorate (Federal Law of December 26, 2008 N 294-FZ, Decree of the Government of the Russian Federation of June 30, 2010 N 489, Order of Rostrud of October 28, 2010 N 455) .

When conducting an unscheduled inspection, the conditions established by the Federal Law of December 26, 2008 N 294-FZ must be observed. The basis for conducting an unscheduled inspection in accordance with clause 27 of Appendix N 1 to the Order of Rostrud of 31.08.2011 N 193 may be:

- expiration of the employer's execution of the order issued by the GIT to eliminate the identified violation labor law and other normative legal acts containing labor law norms;

- an employee’s appeal to the GIT with a statement about a violation by the employer of his labor rights or with a request to conduct an inspection of the conditions and labor protection at his workplace in accordance with Art. 219 of the Labor Code of the Russian Federation;

- submission to the GIT of information by the organization based on the results of the certification of workplaces in terms of working conditions as harmful and (or) dangerous.

Rostrud or the relevant GIT notifies the employer of an unscheduled inspection by any accessible way at least 24 hours before the start of the event.

Certification of workplaces is a set of activities that are carried out specialized company in order to monitor the state of workplaces in the enterprise. New order control was adopted in 2011. The changes affected the list of companies subject to assessment: if previously only enterprises that a priori had harmful conditions, today certification of workplaces is supposed to be carried out by office companies, educational and children's institutions, which were not previously subject to certification.

Why is certification needed?

(ARM) is necessary, first of all, because this procedure is established by law. Secondly, the employer needs it as a responsible person responsible for compliance with the standards of keeping workplaces in proper order and the health of employees. The need for an automated workplace is based on the requirements for the management of enterprises:

• comply with the law;
• control working conditions;
• justify the provision of benefits to personnel engaged in hazardous production and appointment preferential pensions employees;
• avoid unreasonable financial costs for labor protection;
• exclude claims from regulatory authorities about the inappropriate condition of workplaces.

Certification measures allow the employer to improve the working conditions of the workforce and save cash. Information on the results of the assessment is reflected in the AWP cards. Information about the state of the Republic of Moldova may become the basis for the FSS to reduce the amount of the employer's contribution to social insurance.

Positive certification results become the basis for granting discounts on contributions to the Pension Fund. Their size will depend on which class is assigned to the workplace.

The legislative framework

The procedure for monitoring the state of the RM is set out in the legislative acts of the Russian Federation:

• Federal Law No. 426
• Order of the Ministry of Labor No. 33n

Checking the state of working conditions in any organization for deviations from the norms of the law adds a lot of trouble to the manager, but it is he who should be interested in the comprehensive implementation of the automated workplace and its positive outcome, since the benefits from this are much greater than the problems.

The frequency of the AWP

The state of working conditions in the workplace should be monitored every 5 years. From the moment the order is issued on the completion and results of the next certification, the countdown of the next period begins.

If there have been changes at the enterprise, then the automated workplace is made ahead of schedule. Certification must be organized and carried out within 60 days after the head informs labor inspection about things like this:

• technological processes have changed;
• new equipment installed;
• increased or decreased production areas.

An extraordinary assessment can be initiated government bodies supervising the state of labor protection, if they revealed violations of its implementation, or the deadlines are not observed.

Order of conduct

Certification of workplaces is carried out in a certain sequence.

Stages of AWP:

1. Definition of jobs for evaluation. You can download a sample list of RMs that are subject to certification.
2. Selection of an attesting company and conclusion of a contract for the work.
3. Publication of a local act on certification.
4. Familiarization of personnel with the order.
5. Conducting AWP.
6. Registration of documentation: protocols of conducted studies, AWP maps.
7. Drawing up a list of measures to improve working conditions.

Further actions are carried out by the management of the organization according to the plan.

All employees subject to certification must familiarize themselves with the order of the head on the conduct of the automated workplace and sign it.

A month before the start of certification, the management approves the control schedule and brings it to the attention of the workforce.

When drawing up an employment contract, it is recommended to include a clause on attestation in it - this is a mandatory requirement for its content. If the employee refuses to take part in the AWP, then this fact becomes an additional argument not in his favor: the employer may refuse to hire.

Certification Order

The primary document that is issued at the enterprise for the period of the AWP is an order. The legislation does not provide for a standard format for this local act; each enterprise draws it up in its own form, on its own letterhead. Key Points:

1. Header: name of the company, full name of the founder.
2. Publication date, locality.
3. Name of the order.
4. Preamble: on the basis of what legislative norms certification is carried out.
5. The main positions of the content: on the creation of the commission, on the distribution of responsibilities within it, on the timing and time of the attestation period.
6. List of jobs to be assessed.
7. Categories of employees who are exempted from attestation, indicating the reasons and referring to legislative acts.
8. Employer's signature.

The employer is obliged to familiarize the personnel with the assessment criteria, a description of the system for assessing the compliance of employees with their positions based on the results of passing the automated workplace. This item may be included in the order or attached to it as a separate application.

Who conducts certification?

A commission is being created to conduct the AWP. It consists of employees of a special certification body, which has a certificate of accreditation for this type of activity. The employer chooses the organization on his own, concludes an agreement with it for the provision of services, and pays for them.

It is the employer's responsibility to organize the process in accordance with scheduled, deliver the commission at the specified time to the enterprise. All attestation actions and paperwork are carried out by the commission independently. The commission includes a representative of the trade union committee of the enterprise to ensure the rights of workers.

Organization Requirements, which certifies jobs:

1. A record that the evaluation of the PM is the main type of its activity.
2. Availability of own officially accredited laboratory.
3. Availability of certificates from the staff on admission to the assessment of working conditions.
4. Availability of a sanitary doctor.

Workplaces where harmful factors were found in the course of the study are additionally examined using complex laboratory methods. After that, they are assigned a category according to their state: optimal, permissible, harmful or dangerous.

Is job certification required?

AWP once every 5 years at any enterprise is a mandatory procedure established by law. This does not depend on the form of its ownership and the taxation procedure, since under any circumstances the employer must ensure that employees are guaranteed proper working conditions. The attestation procedure is designed to assess how they comply with legislative norms.

The commission evaluates the RM according to the criteria: noise level, vibration, microclimate, severity and intensity of work, the presence of ionizing radiation, chemical and biological parameters. All indicators have an impact on the health of personnel if the norm is not observed.

Workplace attestation card

In the course of the workplace control procedure, the commission fills in a workplace attestation card. The AWP card is a document that displays data on working conditions and test results:

1. An indication of RMs that do not comply with the standards. If the indicators deviate significantly from the established norms, then the commission makes a decision to prohibit the use of RM. The employer is fined.
2. Drawing up an action plan to improve existing working conditions, which are aimed at eliminating the identified violations.
3. Justification for the provision of benefits for employees of the enterprise. If the commission notes in the AWP card that the working conditions do not meet the standards, then it makes a recommendation to the management to assign additional payments or compensation to personnel.

The control of their implementation is assigned to the Labor Inspectorate. If the employer does not respond to the remark in the card, then the employee can apply there with a complaint or with a statement of claim in court.

When applying for a job, it is necessary to familiarize a potential employee with the contents of the AWP card in order to have an idea about the state of their future workplace.

The card is kept by the company until the next certification. The labor protection service has the ability to track on the map whether working conditions have changed in the direction of improvement over time. The document format is an official form on several sheets.

The cost and timing of the AWP

The cost of workstations is not static, it is different for different enterprises and depends on specific conditions:

• area of ​​the study area;
• the degree of harmfulness of the factors that have Negative influence on employees;
• equipment and materials used by the commission;
• the number of studied RMs;
• their territorial location.

To determine a more accurate figure, the employer must first send an application to the certification body indicating the necessary parameters of the jobs that are planned to be examined. The organization considers the application within a maximum of 2 days, calculates the cost of the work.

After agreement financial matters an agreement is concluded between the employer and the contractor on the performance of the assessment. The timing of the automated workplace depends on the scope of work, therefore, they are also discussed by the parties individually.

Who may not qualify?

On January 1, 2014, Federal Law No. 426 began to operate, which covers all issues of certification or, as the procedure is now called, assessment of working conditions. There have been changes that have affected some certification issues:

1. Definition of executors of an estimation. If earlier AWP could be produced on their own, today this responsibility is assigned to specialized organizations.
2. Rules for assessing biological factors. The number of evaluation criteria has been added.
3. Responsibility for violation of the terms of evaluation. The punishment of employers for non-compliance with the law has become tougher.

For a long time, the issue of canceling the comprehensive assessment of some small and medium-sized businesses was not finally resolved. Supporters of the abolition of attestation for some types of production did not find support from legislators, therefore, according to amendments to the law, all should undergo attestation. Small businesses, where one person is employed, and no employment contract is drawn up with him, do not pass the AWP. For example, this applies to individual entrepreneurs when the business owner himself performs necessary work.

Responsibility for not conducting certification

Refusal to conduct certification is a violation of the law. In accordance with the Code of Administrative Offenses, the employer is considered guilty, and, as an official responsible for the enterprise entrusted to him, is subject to administrative punishment:

Certification of workplaces (video)

This video talks about changes in the legislation regarding the automated workplace, as well as who and when should carry out certification, what are the timing and frequency of this event, etc.

Workplace inspections are carried out by the prosecutor's office or the labor inspectorate. In addition to monetary fines, inspectors can issue orders to violators to eliminate violations or release the head from his position.

Why is a workplace assessment carried out? How to do it right? How often should job performance reviews be carried out? What is the cost of this procedure? What threatens for violation of the terms of certification? You will find the answer to these and other questions in the article.

According to the provisions of labor legislation, organizations and individual entrepreneurs that are employers, regardless of the taxation regime they apply, must carry out certification of workplaces for working conditions. And what is it? According to Article 209 of the Labor Code of the Russian Federation, certification of workplaces for working conditions is an assessment of working conditions at workplaces in order to identify harmful and (or) dangerous production factors. The procedure for attestation of workplaces in terms of working conditions was approved by order of the Ministry of Health and Social Development of Russia dated April 26, 2011 No. 342n (hereinafter referred to as the Procedure). The specified Procedure contains requirements for certification, registration of its results and their use. At the same time, we note that the Ministry of Labor of Russia, by its order of December 12, 2012 No. 590n, made some changes to the Procedure, which entered into force on February 26, 2013. Therefore, when conducting certification at the present time, these amendments should also be taken into account.

From January 1, 2014, instead of certification of workplaces, a special assessment of working conditions was introduced, which must be carried out in accordance with Federal Law No. 426-FZ of December 28, 2013. You can view and download the Federal Law for free, as well as forms and forms of orders for a special labor assessment, by registering at.

What jobs are subject to certification

Prior to the entry into force of the order of the Ministry of Labor of Russia dated December 12, 2012 No. 590n, the employer should have attested all workplaces. Since February 26, 2013, the list of jobs subject to mandatory certification has been reduced. Now certification should be carried out only at those workplaces, performance labor functions which may cause harm to the health and life of the employee. So, in accordance with paragraph 4 of the Procedure for mandatory certification, workplaces are subject to:

Work is carried out with equipment, machines, mechanisms, installations, devices, devices, vehicles;

Operation, maintenance, testing, adjustment and repair of equipment, machines, mechanisms, installations, devices, devices, vehicles;

Work is carried out with sources of danger that can have a harmful effect on the employee and are determined by the certification commission based on the criteria for assessing working conditions;

An electrified, mechanized or other hand tool is used;

Stored, moved and (or) used raw materials and materials.

It should be noted that both existing jobs and newly created ones in the process of doing business (for example, during the reconstruction of production, introduction of new technology).

At the same time, the workplaces of those employees whose labor activity associated exclusively with:

With work on computers;

Operation of copiers (copiers, printers) or other equipment for the needs of the organization itself;

The use of household appliances that are not involved in the technological process of production.

Thus, workplaces that use conventional office equipment do not need to be certified. However, if the employee himself or a trade union representative applies to the employer with an application for attestation at the relevant workplace, the organization or individual entrepreneur will be required to conduct it. In addition, the labor inspectorate can oblige the employer to certify a particular workplace by issuing an appropriate order (clause 47 of the Procedure).

Types of certification of workplaces and the timing of its implementation

Three types of certification can be distinguished depending on the period and basis of the conduction:

primary;

Repeated;

Unscheduled.

The basis for the primary certification of workplaces is the organization of a new workplace. This happens in two cases. The first is the creation of an organization as a legal entity or registration of an individual entrepreneur. The second is the completion of construction, reconstruction, technical re-equipment of production, the introduction of new equipment and technologies.

Note that the period during which certification must be carried out when creating an organization (registration of an individual entrepreneur) is not defined. But in the second case, certification must be carried out no later than one year from the date of creation of such jobs (clause 4 of the Order).

Re-certification of workplaces is carried out at workplaces where, according to the results of the previous certification, harmful and (or) dangerous working conditions were established. Workplaces with the presence of production factors and work, during the performance of which it is mandatory to carry out preliminary and periodic medical examinations(surveys). About this - paragraph 8 of the Order. Such certification is carried out at least once every five years. Moreover, the countdown of the five-year period begins from the date of completion of the previous certification.

The grounds for conducting unscheduled certification of workplaces are established by paragraphs 47 and 48 of the Order. These include:

Appeal of the employee on the certification of his workplace;

Appeal of the representative of the trade union;

The results of the state examination of working conditions, conducted in order to assess the quality of certification;

Order of Rostrud or the state labor inspectorate issued to the employer;

Bringing working conditions in line with state regulatory requirements for labor protection;

Improvement of working conditions;

Replacement of production equipment;

Changing the technological process;

Changing the means of collective protection.

The procedure for certification

The process of certification of workplaces according to working conditions can be divided into several stages.

At the first stage, the composition of the attestation commission is determined. In accordance with paragraph 10 of the Procedure, the commission includes representatives of the employer, a labor protection specialist, representatives of the trade union organization, as well as the certifying organization. The representative of the employer may be heads of structural divisions, lawyers, personnel specialists. The certification committee is headed by a representative of the employer.

The functions that are assigned to the certification commission are listed in paragraph 12 of the Procedure. These include:

Implementation of management and control over the certification at all its stages;

Formation of a set of legal and local regulations, organizational, administrative and methodological documents necessary for attestation and organization of their study;

Drawing up a list of jobs subject to certification, allocation of similar jobs and an indication of the factors of the working environment and the labor process, the risk of injury and the provision of the employee with special clothing, special footwear and other personal protective equipment (PPE);

Preparation of proposals for bringing the names of professions and positions of employees in line with the requirements of the Unified Tariff and Qualification Guide for Works and Professions of Workers and the Unified Qualification Guide for Positions of Managers, Specialists and Employees;

Specified unified directories approved by Decree of the Government of the Russian Federation of October 31, 2002 No. 787

Assigning a number to each workplace;

Filling in and signing the workplace attestation card for working conditions (a sample card and recommendations for filling it out are given in Appendixes No. 2 and 3 to the Procedure);

Preparation of proposals for amendments and (or) additions to the employment contract in terms of the employer's obligation to provide the employee with PPE, establish an appropriate work and rest regime, as well as other guarantees and compensations provided for by law for work in harmful and (or) dangerous working conditions;

Development of an action plan based on the results of certification to bring working conditions in line with state regulatory requirements for labor protection.

At the second stage, the head of the organization or the merchant issues an order to conduct certification of workplaces (clause 11 of the Procedure). A unified form of the order has not been approved, so the employer draws it up in any form, but must indicate:

Composition of the attestation commission;

Full name of the chairman of the attestation commission;

Certification period.

Do not forget to familiarize yourself with the order on the certification of all members of the certification commission and other persons indicated in it.

At the third stage, the certification process itself begins, which is carried out by the employer together with the certification organization on the basis of a civil law contract.

The functions of the certifying organization include:

Certification can only be carried out by an organization that has accreditation

Measurement and evaluation of factors of the working environment and the labor process;

Assessment of compliance of working conditions with state regulatory requirements for labor protection;

Drafting and preparation of an attestation report.

In accordance with paragraph 6 of the Procedure, the employer has the right to attract several attesting organizations. At the same time, certification work can be distributed between certification organizations both by the number of workplaces subject to certification, and by the types of work performed at these workplaces.

So, the certification process begins with the compilation of a list of jobs by the certification commission.

Recall that the workplace is the place where the employee must be or where he needs to arrive in connection with his work and which is directly or indirectly under the control of the employer (Article 209 of the Labor Code of the Russian Federation).

To compile a list of jobs, you should use the staffing table and a list of employees indicating the profession (position) and structural unit. Each workplace is assigned a unique serial number (from 1 to 99 999 999), that is, no more than eight characters.

Then the certifying organization assesses the compliance of working conditions with state regulatory requirements for labor protection. It includes:

Assessment of compliance of working conditions with hygienic standards;

Evaluation of the injury risk of workplaces;

Assessment of the provision of PPE employees;

A comprehensive assessment of working conditions in the workplace.

Take note

What are similar jobs?

According to the provisions of the legislation, when compiling a list of jobs, similar jobs should be allocated. Such places can be identified by the combination of the following signs:

Professions or positions of the same name;

Performing the same professional duties while maintaining the same type of technological process in the same mode of operation;

Use of the same type of production equipment, tools, fixtures, materials and raw materials, work in one or more of the same type of premises or outdoors;

Use of the same type of ventilation, air conditioning, heating and lighting systems;

The same location of objects (production equipment, vehicles, etc.) in the workplace;

The same set of harmful and (or) hazardous production factors of the same class and degree;

Equal provision of personal protective equipment.

When assigning a serial number, similar jobs are designated by the letter "a".

About this - paragraph 12 of the Order.

All measurements and assessments are documented in a protocol, which is signed by the specialists of the certification organization who carried out the measurements and assessments, as well as by the responsible official of this organization, and certified with a seal (clauses 18, 27 and 37 of the Procedure).

Based on the results of certification with a comprehensive assessment of working conditions, a workplace can be recognized as:

Compliant with state regulatory requirements for labor protection. Such a decision is made if the compliance of working conditions at the workplace with hygienic standards, the workplace with the requirements for providing employees with PPE is established, and there is no non-compliance of the workplace with labor protection requirements (clause 37 of the Procedure);

Does not comply with state regulatory requirements for labor protection. Specified Solution is accepted with a negative assessment of at least one of the above parameters (clause 38 of the Order).

When classifying working conditions at the workplace as hazardous working conditions, the employer should immediately develop and implement a set of measures aimed at reducing the level of exposure to hazardous factors in the working environment and the labor process or at reducing the time of their exposure (clause 39 of the Procedure).

We draw up the results of the certification

According to paragraph 44 of the Procedure, the results of the certification of the workplace in terms of working conditions are drawn up by the certification commission in the form of a certification report. The following documents must be attached to this report:

Order on the establishment of an attestation commission and approval of the schedule for the attestation work;

List of jobs subject to certification;

Workplace attestation cards with measurement and evaluation protocols;

Summary sheet of the results of attestation of workplaces (Appendix No. 6 to the Order);

Summary table of classes of working conditions established based on the results of certification, and compensations that must be established for employees (Appendix No. 7 to the Procedure);

Plan of measures to improve and improve working conditions (Appendix No. 8 to the Order);

The final protocol of the meeting of the attestation commission based on the results of attestation (Appendix No. 9 to the Procedure);

Information about the certifying organization (Appendix No. 10 to the Procedure) with a copy of the documents for the right to conduct measurements and assessments (an accreditation certificate with an appendix that establishes the scope of accreditation of the testing laboratory, notification of inclusion in the Register of accredited organizations that provide certification services);

Minutes of the meetings of the attestation commission;

Conclusions based on the results of the state examination of working conditions (if any);

Orders of officials on detected violations (if any).

Further, the attestation commission, within 10 calendar days from the date of receipt of the report, considers it, signs the minutes of the meeting of the attestation commission based on the results of the attestation of workplaces and sends it along with the attestation report to the employer.

The stage that completes the certification process is the signing by the employer of an order to complete the certification and approve the certification report. For this, he is given 10 working days from the date of receipt of the final protocol of the meeting of the attestation commission. Do not forget to familiarize with the order on the completion of the certification of all members of the certification commission, employees, as well as other persons indicated in it.

A unified form of such an order has also not been established, therefore, an organization or individual entrepreneur develops it on his own

After reviewing the order on the completion of certification of all persons indicated in it, the employer is obliged to send to the state labor inspectorate:

Consolidated statement of the results of attestation of workplaces;

Information about the certifying organization;

Cover letter on employer's letterhead.

These documents are submitted on paper and in electronic form. 10 calendar days are allotted for submission of documents from the date of issuance of the order on the completion of the attestation of workplaces and the approval of the attestation report (clause 45 of the Procedure).

On the procedure for transferring information about attestation to the FSS of the Russian Federation, see the article “It will be necessary to report on insurance premiums by new form" // Vmenenka, 2012, No. 11

What threatens for violation of the terms of certification

Paragraph 52 of the Procedure establishes that the responsibility for the certification, the reliability and completeness of the provision of information to the labor inspectorate rests with the employer. For the reliability of measurements and assessments, the responsibility rests with the employer and the certifying organization. So, in case of violation of the certification procedure, as well as the employer reporting false information to the labor inspectorate, the employer may be held administratively liable under Article 5.27 of the Code of Administrative Offenses of the Russian Federation.

The penalty in this case will be:

For an official - from 1000 to 5000 rubles;

Individual entrepreneur - from 1000 to 5000 rubles. or suspension of its activities for up to 90 days;

Suspension of activities is applied if there is a threat to the life and health of people

Organizations - from 30,000 to 50,000 rubles. or suspension of activities for up to 90 days.

Please note: if the certification of workplaces was carried out after December 1, 2010 by a non-accredited organization, the labor inspectorate has the right to require the employer to re-certify. About this - paragraph 11 of the order of Rostrud dated August 31, 2011 No. 193.